Use of the platform operated/provided by Epillo Health Systems OÜ
This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
The Website/Mobile Application named www.epillo.com , www.epillo.app and EPILLO (hereinafter referred to as “EPILLO/the Website/ /App”) is owned by Epillo Health Systems OÜ, having its corporate office at Linkstraße 2, Level 8, 10785 Berlin Germany.
What are the “Terms”? To whom are they applicable?
In the event there is a conflict between the terms and conditions specified herein and the provisions of any other document executed between the parties hereto, the terms and conditions specified herein would prevail.
Services provided by us
Epillo helps set, monitor and achieve health & wellness goals, provide virtual care services, supports medical record keeping, prescription management, e-shop services for health and wellness products. The various health and wellness services offered through Epillo Platform include e-Consultation (Telemedicine), E-Health Monitoring, Prescription Drugs Home Delivery (Home Delivery of Medicines and Medical Supplies), E-Wellness(Wellness), Emotional Wellness(Counselling), Family Doctor and such other services as may be provided from time to time (“Services”). Certain of these Services such as, Wellness, Transportation, Hospital Services, Prescription orders, Diagnostics, etc. are offered by third party healthcare and wellness service providers (“Empanelled Associates”) and Epillo merely facilitates the interaction between users/customers and Empanelled Service Providers through Epillo Platform.
Eligibility to use the services
User(s) means who uses and has the right to use the Services provided by Epillo Health. Our Services are available only to those users who can form legally binding contracts under the applicable law. Therefore, user(s) must not be a minor as per Indian Law; i. e. user(s) must be at least 18 years of age to be eligible to use our Services.
Necessary requirements on user’s end
Epillo advises its users that while accessing the Website/ App, they must follow/abide by the related laws. Epillo is not responsible for the possible consequences caused by your behaviour during use of the Website/ App. Epillo may, in its sole discretion, refuse the service to anyone at any time.
This agreement applies to user(s) if user(s) are visitors, registered – free or paid user(s) who access the Website/App for any purpose. It also applies to any legal entity which may be represented by you under actual or apparent authority. User(s) may use this Website/App solely for their own personal or internal purposes.
This agreement applies to all the Services offered on the Website/ App, collectively with any additional terms and condition that may be applicable to the specific service used/accessed by user(s). In the event of a conflict or inconsistency between any provision of the terms and conditions mentioned herein with those of the particular service, the provisions of the terms and conditions applicable to such specific Services shall prevail.
EPILLO (Mobile/web) account
Duration and effect
This Agreement shall continue to be in full force and effect as long as you access and use the Website/App.
End-user account and termination
Either You or We may terminate the agreement at any time, with or without cause. However, We reserve the right, in our sole discretion, to terminate your access to the products and services offered on the Website/App or any portion thereof at any time, without notice where,
Listing content and disseminating information
Representation and onus to provide high-end quality service
The quality of Service is entirely the responsibility of the Practitioners who provides such service to you. Epillo requests background information of its professionals, but Epillo does not and cannot guarantee the accuracy or completeness of any such information gathering or that a particular professional is adequately qualified to perform any given service.
It is hereby expressly clarified that, the Information that you obtain or receive from Epillo, and its employees, contractors, partners, sponsors, advertisers, licensors or otherwise on the Website/App is for informational purposes only. We make no guarantees, representations or warranties, whether expressed or implied, with respect to professional qualifications, quality of work, expertise or other information provided on the Website/App. In no event shall we be liable to you or anyone else for any decision made or action taken by you in reliance on such information.
The Services are not intended to be a substitute for getting in touch with emergency healthcare. If you are an End-User facing a medical emergency (either on your or another person’s behalf), please contact an ambulance service or hospital directly.
Third party software integration
We or our affiliates responsible for making the software available, may design the Website/App in such a manner as to automatically check for updates. Unless your device or any settings do not permit automatic transmission, upgrades or updates, you agree that we, or the applicable software affiliate, may provide notice to you of the availability of such upgrades or updates and automatically push such upgrade or update to your device from time-to-time. You may be required to install certain upgrades or updates to the software in order to continue to access or use the Services, or portions thereof (including upgrades or updates designed to correct issues with the Services). Any updates or upgrades provided to you by us under the Terms shall be considered part of the Services.
Booking appointments, Interaction with consultants / Medical service providers
Epillo enables Users to connect with Practitioners through two methods: a) Book facility that allows Users book an appointment through the Website/App; b) Value added telephonic services which connect Users directly to the Practitioner’s number provided on the Website /App.
Failure to show-up
ii.Epillo reserves the right to make the final decision in case of a No Show conflict. The total aggregate liability of Epillo with respect to any claims made herein shall be INR 200.
Limitation of liability regarding cancellation & refund
i.In the event that, the Practitioner with whom User has booked a paid appointment via the Website/App, has not been able to meet the User, User will need to write to us at email@example.com within five (5) days from the occurrence of such event; in which case, the entire consultation amount as mentioned on the Website/App will be refunded to the User within the next five (5) to six (6) business days in the original mode of payment done by the User while booking. In case where the User, does not show up for the appointment booked with a Practitioner, without cancelling the appointment beforehand, the amount will not be refunded
ii.Users will not be entitled for any refunds in cases where, the Practitioner is unable to meet the User at the exact time of the scheduled appointment time and the User is required to wait, irrespective of the fact whether the User is required to wait or choose to not obtain the medical services from the said Practitioner.
iv.iIn case the practitioner is unable to complete any or all services, the customer can get proportionate refund. In order to ensure smooth full refund, customer must not give One Time Code to the Practitioners. For partial refund, we will confirm from the Practitioners for the authenticity of the claim & refund the amount accordingly.
The Website/Application comes in Free and Premium models. The usage charges on the Website/App are applicable for the services purchased or access to premium features set or membership packages present in the application/web. However, we reserve the right to amend this fee policy and charge for any or all services rendered by rearranging the membership packages, or discount on any services anytime, or make any feature free at any time. In a case that such happens, users will be intimated of the same when they try to access the Website/App and it will be up to you to decide whether or not you will continue with services offered by us. Such changes are effective as soon as they are posted on the Website/App.
Billing and payment
The following payment options are or will be made available on the Website/App in the future:
As prescribed by the financial institutions issuing the credit or debit cards affiliated with Visa and MasterCard you will required to submit your 16-digit credit card number, card expiry date and 3- digit CVV number (usually on the reverse of the card) when you make your online transaction using your Credit or Debit card. You should also have enrolled your Credit Card with VBV (Verified by Visa) or MSC (MasterCard Secure Code) to complete the transaction. In case of third party statements including bank and credit card statements the merchant name may appear in an abbreviated format. To place an order you will need to complete the transaction on the Website/App. This may or may not be assisted with a phone call with the customer service representative. By placing an order on the Website/App, you are agreeing to the terms and conditions and payment policy published in the appropriate section of the Website/App or affiliated Apps where specifically referred to such affiliated Apps.
Once upfront payment has been made, the User will receive the SMS with booking details along with Booking ID and One Time code. This SMS must be presented to the selected Practitioners at the time of availing service. One the payment has been made to purchase a voucher and the voucher has been issued, the User may cancel the transaction at any time, but not less than 4 hours before the date & time of booking. If you do want to cancel, you must do so by logging into your account on Website/App and cancel the booking, providing the reason. We reserve the right to deduct payment gateway charges incurred on such transaction.
Transactions on the Website/App are secure and protected. Any information you enter when transacting with the Website/App is encrypted to protect you against unintentional disclosure to third parties. This is an assurance that the best security practices adopted by major online Practitioners where all payments are processed in real-time for your security and immediate peace of mind. Credit card and Debit card information is not stored by us and is not taken by us. This information is taken directly by the payment gateway provided who is authorized and is compliant with the regulations and requirements of various banks and institutions and payment franchisees that it is associated with.
Conditions/ limitations to access
The customer shall ensure that he/she will not indulge in any of the following activities while availing the service:
You warrant, undertake and guarantee to us:
i.Abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise violate the legal rights of others
ii.Engage in any activity that interferes with or disrupts access to the Website/App or the Services (or the servers and networks which are connected to the Website/App)
iii.Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity
iv.Publish, post, disseminate, any information which is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to “indecent representation of women” within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986
v.Post any file that infringes the copyright, patent or trademark of other legal entities.
vi.Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website/App or another’s computer
vii.Download any file posted by another user of a Service that you know, or reasonably should know, cannot be legally distributed in such manner
viii.Probe, scan or test the vulnerability of the Website/App or any network connected to the Website/App, nor breach the security or authentication measures on the Website/App or any network connected to the Website/App. You may not reverse look-up, trace or seek to trace any information on any other user, of or visitor to the Website/App, or any other customer of the Website/App, including any Website/App Account not owned by You, to its source, or exploit the Website/App or Service or information made available or offered by or through the Website/App, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided for by the Website/App
ix.Disrupt or interfere with the security of, or otherwise cause harm to the Website/App, systems resources, accounts, passwords, servers or networks connected to or accessible through the Website/App or any affiliated or linked apps
x.Collect or store data about other users in connection with the prohibited conduct and activities set forth in this Section.
xii.Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service
xiii.Violate any applicable laws or regulations for the time being in force within or outside India
xv.Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service
xvi. Threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
xvii. Publish, post, disseminate information that is false, inaccurate or misleading; violate any applicable laws or regulations for the time being in force in or outside India
xviii. Directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.
xix. Create liability for Us or cause us to lose (in whole or in part) the services of our internet Practitioners (“ISPs”) or other suppliers
We can (and You hereby expressly authorize Us to) disclose any information about You to law enforcement or other government officials, as we, in Our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury. You understand that We have the right at all times to disclose any information (including the identity of the persons providing information or materials on the Website/App) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena.
Notwithstanding this right, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST ON THE WEBSITE/APP. In no event shall We assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from use of Content and/or appearance of Content on the Website/App. You hereby represent and warrant that You have all necessary rights in and to all Content which You provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libelous, tortuous, or otherwise unlawful information.
Suspension of your access to the services
Notwithstanding other legal remedies that may be available to us, we may in our sole discretion limit user access and/or activity by immediately removing user listing either temporarily or indefinitely or suspend or terminate user membership, and/or refuse to provide user with access to the Website/App.
You agree to defend, indemnify and hold harmless the Website/App and the Company, its employees, directors, officers, agents and their successors and assigns and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney’s fees, caused by or arising out of claims based upon the use of User’s actions or inactions, including but not limited to any warranties, representations or undertakings or in relation to the non-fulfillment of any of its obligations under this Agreement or arising out of the User’s infringement of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity or loss of service by other subscribers. This clause shall survive the expiry or termination of this Agreement.
In no event shall we be liable to you, or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not we have been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with your use of or access to the Website/App, services or materials. The limitations and exclusions in this section apply to the maximum extent permitted by applicable law.
Ownership of Content and Proprietary Rights
Disclaimer of warranties and liabilities
Reviews and feedback
Third party content
Applicable law and dispute settelment
The formation, interpretation and performance of this Agreement and any disputes arising out of it will be resolved through a two-step Alternate Dispute Resolution mechanism. a. Mediation. In case of a dispute, the matter will first be attempted to be resolved by a sole mediator who is a neutral third party and will be selected at the mutual acceptance of a proposed mediator by both parties. Both parties may raise a name for sole mediator and in the case both parties accept the proposed name, the said person shall be appointed sole mediator. In the case the parties are not able to reach a consensus within two proposed mediators, the Company reserves the right to decide who the final mediator is. The parties in good faith will attempt to bind by the decision.
Limitation of liability
Disclaimer of warranties
The information contained in this Website/App is for general information purposes only. The information is provided by Epillo and while we endeavor to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the Website/App or the information, products, services, or related graphics contained on the Website/App for any purpose. Any reliance you place on such information is therefore strictly at your own risk. In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arise out of, or in connection with, the use of this Website/App.
Through this Website/App, you are able to link to other apps, which are not under the control of Epillo. We have no control over the nature, content and availability of those apps. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.
Every effort is made to keep the portal up and running smoothly. However, Epillo takes no responsibility for, and will not be liable for, the portal being temporarily unavailable due to technical issues beyond our control.
At Epillo Health Systems, we want to help everyone lead a healthier and safer lifestyle everyday through products and services that connect, automate, disrupt and bring innovation to the digital and retail health landscape.
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